Considering Children During the Divorce Process

  ANN ARBOR, MI - 01/11/2018 (PRESS RELEASE JET)

Any minor children must be the focus of divorce proceedings. 

A couple must come to an agreement on three issues in a final agreement in a divorce or custody case. 

Legal Custody

The first issue to decide upon is legal custody. Legal custody relates to the powers of parents to make major decisions in a child’s life. Legal custody includes decisions for medical issues, religion, and school. Any major decision in a child’s life will fall under the legal custody category. 

Both parents with legal custody will have to consult with each other and agree on major decisions before action can be taken. A parent can take the other parent to court where the parents cannot agree on a decision. The judge will then make a decision for the parents. However, it’s always best if the parties can work together on these decisions.

In general, both parents will exercise legal custody. 

Physical Custody

The second issue for the parents to decide on is physical custody. Physical custody means which residence the child will spend the majority of time. The parents will have joint physical custody where the child lives in the residences of both parents. A parent will have sole physical custody where the child lives at that parent’s house all the time.

Parenting Time Schedule

The third issue for parents is a parenting time schedule. The parenting time schedule governs which house a child will spend an overnight. The parenting time schedule will depend on the parent’s schedules, the child’s schedules, and the child’s age.

The parents must take their own work schedules into consideration. A parent who works a midnight shift or an early morning shift will have a difficult time with an overnight that conflicts with that schedule. The child’s schedule matters too. Parents must figure out the easiest way to get the child to school and other activities. 

The child’s age will determine how long a child can spend with just one parent. For example, a 3-year generally will not go one week without seeing one parent. A 15-year old may be fine with a parenting time schedule in which there is alternating week-long blocs with each parent.

Author Bio

Sam Bernstein of ArborYpsi Law is a family attorney in Washtenaw County, Michigan. He can be reached at 734.883.9584 or by e-mail at bernstein@arborypsilaw.com. ArborYpsi Law is located at 206 N. Huron St., Ypsilanti, MI 48197.